Sunil Ambwani, J. - (1.) The Union Bank of India has filed an Original Application No. 63 of 2002 against M/s. Ganges Fertilizer & Chemicals Limited, Kanpur and its Directors the Debt Recovery Tribunal (DRT) Allahabad for recovery of Rs. 8,22,19,468.94 to be recovered from them jointly or severely with pendentilite and future interest per annum with quarterly rests as mentioned and agreed with the respondent no. 1. By prayer (c) of the application the bank has sought the relief that if the debt is not recoverable out of the mortgaged property and hypothecated assets, the same may be recovered from the other personal properties/assets of the defendant no. 2 to 10.
(2.) In para 5.23 of the application the bank has pleaded as follows: "5.23 That in view of the terms and guarantee executed by the defendant nos. 2,3,8 and 9 in favour of the applicant bank, their liability to clear the dues of the applicant bank is coextensive with the borrower i.e. the defendant no. 1. The defendant no. 10 is jointly and severely liable to pay the dues of the applicant bank being the legal heir of Late Sri D.P. Kanudia and the said guaranties are continuing guaranties."
(3.) In the written statement filed on behalf of respondents 1,2 & 9, the Ex Directors of the respondent company, it is stated in para 22 as follows in reply to para 5.23: "22. That the contents stated at para no. 5.23 of the plaint are not correct hence not admitted and denied. It is submitted that the answering defendants never executed the terms and guarantee as alleged by the applicant bank in the respective para. Merely averments in the plaint is not sufficient, the applicant bank is put to strict proof of the fact. It is further submitted that the answering defendants has no concern with the defendant no. 10. The claim application of the applicant bank is devoid of merits and thus not maintainable in the eyes of law.";